The following Policy Guideline is designed to replace Informational Policy Guideline (IPM) 3, issued December 5, 1990.

Section 5004(1) of the Education Law states in part,

No party may, for a consideration or remuneration procure, solicit or enroll any student for instruction in or given by any school within or without the state of New York, unless (i) the party is a salaried employee of the school and (ii) the party shall have secured a private school agent’s certificate from the department pursuant to regulations of the commissioner.

Individuals who meet both parts of the following test will have to be licensed and be a salaried employee of the school. In the case of a shareholder or owner of a school, his/her financial interest shall constitute a salary.

A shareholder or owner of a school or corporation OR an employee of a school or corporation would be a salaried employee of the school.

The following activities would be considered soliciting, procuring or enrolling students:

• Enrolling students where no other licensed agent is involved
• Engaging in orientation activities with prospective students
• Providing information to students on the school’s programs
• Conducting telemarketing activities for the purpose of contacting prospective students
• Representing the school at school fairs and career days, if the purpose is to either enroll students or assist such students in making an educational career decision relating to the school

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http://www.highered.nysed.gov/bpss/pg130301.htm
Last updated: July 17, 2006